How to get your questions answered...

Tips on posting on the forums.

Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

Leading to:

Post clear questions and then give background info on them.

Examples:

A. I was previously denied for apnea – Should I refile a claim?

I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

B. I may have PTSD- how can I be sure?

I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

Note:

Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

e-Benefits status is helpful but not definitive. Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence.Continue Reading

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I did not try to link them as secondary. I am now wondering if they are trying to, but they are both service connected seperatly.
I checked VA.gov and it was at the gathering of evidence without a third request and now today I look and it is at pending decision approval with the third one being closed.
Or could the VA be doing a spot check on my conditions? Guess we will see how it all unfolds lol.
Request 3
Exam Request - Request for Clarification
No longer needed
Request 2
Exam Request - Processing
No longer needed
Additional evidence
File: ClaimDecisionRequest.pdf Type: 5103 Notice Acknowledgement
SubmittedDec. 21, 2018
Additional evidence
File: Citation_Nr_1648003.pdf Type: Correspondence
SubmittedDec. 20, 2018
Additional evidence
File: Sleep apnea lay statement.pdf Type: VA 21-4138 Statement In Support of Claim
SubmittedDec. 20, 2018
Request 1
Exam Request - Processing
No longer needed

You should compare your symptoms to that in the criteria. Much of the criteria involves 2 things: The degree of "occupational and social impairment". Suicidal ideations is present "only" in the 70% and 100% categories. However, even tho I had/have SI, I was lowballed at 30 percent for MDD. I had to fight the VA for many years to get my proper rating.
Here are the critieria, you know your symptoms better than I do, see which of these you fit into:
Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.
100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.
70
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.
50
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).
30
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.
10
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.
0
9520 Anorexia nervosa

Maybe. Did your fibromyalgia cause your headaches? I dont know. Or are your headaches secondary to fibromyalgia?
You dont have any choice but to attend the c and p exam, and tell your side of the story.

Its moving "forward", yes. You probably have xrays or maybe MRI's of your joints, and those should be available in your records. Further, you had medical exams by other doctors. Based upon your testimony, along with previous medical exams and tests, the c and p doc can render his opinion(s).
Im not real crazy about a phone exam, tho, because:
Lets say you have a lack of range of motion in a joint. How can the doc document and measure your loss of ROM? That is not very easy on the phone!!
If documenting your ROM is an issue, it may require an additional exam.

Probably. A background with more specific facts will yield a more definate answer. I like one word answers also, but its often not that simple with VA. The "diagnosis" itself is not an "event" per se . Did your entrance exam show you had the disorder? If so, it might be about "aggravation" of an existing disease.
While its true that you are given a presumption: The doctor doing your entrance exam did a good job, and you answered all questions honestly. But, VA CAN rebut that presumption if they have evidence. Often that evidence will come FROM YOU...perhaps years later...with something you tell a VA doc..about your childhood...
Every doc you come into contact with at VA is not your friend.
Its further complicated because VA loves to say its some sort of genetic disorder which is related to your parents not your military service.
The medical exam where you got the diagnosis may show an "event in service". For example, I fractured my leg in service, and I described how it happened to the doctor, and he documented it. So, my "fractured leg" was the diagnosis, but the medical exam DOCUMENTED the incident (event in service).
Even WITH this fracture . documented, I dont have SC for my residuals of a fractured leg!!! Why? Because I dont have a nexus. There are other things that "could" have caused my knee failure requiring my total knee replacement. I have not aggressively persued this because its probably moot since Im at 100 percent.
But, a medical exam may "not" show an event in service even with a diagnosis. The VA, because of Chevron/Auer defense, can interpret "event in service" to mean anything they want to suit their own interests in denying you.
Again, I know you want a yes or no, but when you read about VA its always more complicated than that. If it were THAT simple, we should not need a Board of Veterans appeals or a CAVC.

I have 6 claims deferred all for various joint pain. I had the in office C&P in January. I am now scheduled for a phone follow up C&P i guess to move forward with these deferred claims. Is this a good thing

I did my exam last month with Dr. Ellis. No they will not do an IMO with only your records.
For what he is charging get the plane ticket, get a one night hotel and fly home the next day. It's good money spent and worth the investment.

dajoker, that is all well and good. Unfortunately most of us vets have the assistance of a VSO who might know what he is doing. We do not all have the experience of someone inside the system and it takes us a while to get it right. Throw in a complicated case and a neurologist or two who are trying to save the VA money and we are sunk before we ever get our ship out of port. The VA closed that neurology department by the way. We wind up having to pay a lawyer 20% of our award dated back ten years when it should have been completed by the RO right the first or second time, so our kid would have had a chance at college. I am not trying to be nasty, it is just that on the other side of the fence there are a lot of veterans getting treated like they are dirt.

When I submitted my PTSD claim thru a VSO, it took a week or 2 before it showed up on eBenefits. Then it took another 2 months before I got my C&P Exam. It is really hard to know what they are going to ask but read over everything before going to your appointment. Do take a copy of any documentation you have. If you get a good examiner, they will have reviewed your packet before meeting with you.
Do be very honest during the appointment and tell your story as it happen and how it has affected your daily life. During my C&P Exam, I had the Doctor laughing, because of some of the stupid stuff I have done over the years. My event happen in 1984 (non-combat), so they did not give me a PTSD rating but did rate me for persistent depressive disorder (dysthymia) with anxious distress (now claimed as PTSD, previously denied as adjustment disorder) at 30%. A month ago they changed it to persistent depressive disorder (dysthymia) with Insomnia.
Best of luck!

You will hear from the VA about a C&P appointment in their own time. Maybe 30 to 60 days. At this C&P be honest with the doctor and do not try to snow him. If you have anxiety that is fine, just do not raise your voice. Describe what your worst day is like, not your best day. You will probably come out of the appointment feeling like you have been through the wringer but that is normal.

With a lot of Veterans that knme what they are doing, have treatment/injuries documented in service, current diagnosis and a continuity of treatment, they will in almost all circumstances get sent out for an exam. Hearing loss and tinnitus have an even lower threshold for being sent out. Secondary contentions have a lower threshold than direct service contentions for being sent out for exams. Re opens are what get most people. Most people that file for re open either submit nothing, regurgitated material that is already of record or new material that is not of record. I know it can be frustrating, but realize that we are bound by rules and regulations. I always give the Veteran the benefit of the doubt, but some simply refuse to do the research. VA workers don’t get any preference when it comes to claims. We just know how the system works and how to present everything in the best way possible. I submitted my first claim w/ 8 contentions and was SC for all 8 w/ a rating at 90% and that was just for contentions that I was seeking direct service connection. for. My second claim was all secondary w/ 7 other contentions and I was sc for all of them and would have made 100% SC with three of them, but it is always good to have a safety margin in case any go down. It can be done. However, I can tell you that between collecting all of my evidence, writing up all of my support of claims, gathering all of my buddy statements (had a total of 13), doing all of my private dbqs w/ medical opinions etc, I easily spent 60-70 hours on my initial claim. I am going to venture and say 60-70 hours of time spent by someone that thoroughly knkwa what they’re doing is substantially more effective than someone who has. moderate inkling as to what they’re doing that spent three to four times that long. It takes a lot of work and know how. For instance, w/ PTSD, I had it diagnosed by three different people and had all of the documentation submitted well before I ever went for my initial PTSD exam.

UPDATE: I called the VAMC in Shreveport, talked to someone in the dental clinic, she told me to call the business office. I did, and the young lady there said if I would bring my BVA Decision Letter, she will try to get me approved for dental care. It's about a 125-mile round trip, so I guess I'll invest the time and gas to see if it works.

I met with a VSO on Feb 8th 2019 and started my MST/PTSD claim. To be totally honest I am scared to death. The incidents happened during my Navy duty 88-89. I had hid it from everyone including my wife until this past December. I had went to a VSO to talk about other claims when it slipped out and I was offered help to form a claim. We filed an intent to claim in Dec 2018. She suggested I talk with my wife and make an appointment with my doctor. After sitting and having a very emotional talk with my wife and with her support I made an appointment with my personal doctor. I am very lucky to have a great doctor who sat with me and after many tears I was able to explain in detail what had happened. He diagnosed me with extreme anxiety mostly when dealing with other Males ( Authority Figures or when confronted), and PTSD/MST and prescribed an anxiety as needed.
What we submitted:
A two page statement from me ( Timeline form)
A statement from my wife
A statement from from my 20 yr old son detailing my issues with examples of my issues with male authority figures
A Nexus statement from my Doctor saying he feels that my anxiety and PTSD is definitely caused by what happened while I served. The VSO said that it was the best written Nexus statement she has ever seen in her 10 years in doing Veteran claims.
My Questions:
After submitting a claim to the VSO how long before it shows up on ebenefits? Mine still shows as intent to file. The VSO says it has been submitted.
What can I expect at my C & P exam? How can I prepare myself for the exam? This is what I dread/fear most.
Is it ok if I post my journey?
I also want to thank all the men and women who have submitted to the MST forum. I now know I am not alone. Being a male and reading that similar things has happened to other males and reading their journeys has prepared me to start my journey and start the healing process.

broncovet,
38CFR 3.156 (c) is a very good regulation for you to look at and I'm sure you already have.
f the VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section…
It then lists service records related to an event, injury, or disease in service, records forwarded by the Department of Defense or service department of the VA, or, interestingly, declassified records that could not previously be obtained because they were classified when the VA previously decided the claim.
The regulation goes on to state that when this type of “new” evidence leads to a grant of service connection, and support the assignment of a rating, “a retroactive evaluation WILL be assigned.” (emphasis added) When this type of record is found, it can potentially mean an effective date years or decades earlier than the recent decision

At this point I'm turning it over to a law firm. Seems like you have done everything and they are pissed about it. I would think a law firm would love an easy case like this. You've done all the medical work for them.

I have a claim in for headaches and I was called by LHI today to schedule for a fibro DBQ for the only open claim I have is headaches and sleep apnea. I am very confused why they would be sending me in for this as I am already rated at 40% for fibro.
Also I have already had my migraine DBQ
Anyone know what crap they are trying to pull?

Hello all,
My name is Amy, and I am going through the awesome process of the VA Appeals system. Been in this system since 2015. My appeal is in reference to my anxiety and depression, that I know was unfairly rated due to other professional opinions doctors and lawyers...but why does their opinion matter. I guess my question is in reference to what kind of percent I would be looking at for my anxiety, depression, major depression, and Bipolar type II disorder. I know you can not get separate ratings for mental disorders, and I currently have a new representative that i working diligently on my claim (thank God she previously worked to the BVA). I am looking for constructive feedback ONLY. Below is a little background of the severity of diagnosis. I am looking just for a ball park. BTW the reason I am going through this appeals process is because I missed a two CMP exams( which were scheduled during the holiday season), because I was working part time as a operations manager for FedEx Ground as a operations manager taking time off the calendar is completely blacked out during that period for obvious reasons. I know this because I just recently received my brown envelope that stated that even though there was plenty of evidence in folder.
Joined the RAMP APPEALS process in June of 2018, so they didn't consider any other medical evidence after the fact. Even though I had to write my congressman to get me put in the system effective January 2019. Not salty or anything....Just to receive a denial in the mail early Feb. 2019.
In 2009 I made a suicide attempt due to factors I will not go into detail about its been something that has been extremely hard to talk about.
In 2010, divorced my ex-husband prior to a physical incident
I have seen several psychiatrist, and received my diagnosis for major depression in 2017, 2018 Bipolar disorder. I have been on every antidepressant you can think of, and currently trying TMS therapy again similar to ECT therapy just less invasive.
Recently I was almost hospitalized for suicidal thoughts.
This has affected my ability to keep employment since 2016. I do not want to apply for TDIU, because I do want to work but I keep the panic attacks under control.....I just want my life back :(

Thanks, Buck52, I've talked with Peggy and also just got a response from IRIS. Both say pretty much the same thing: "It appears a decision has been made on a portion of your appeal. At this time, our records indicate the decision is currently being reviewed and processed at your regional office. No other action is needed from you at this time. However, if further information is needed you will receive notification by mail. We are sorry that we are unable to give you a timeframe for this final stage in the appeals process. We appreciate your continued patience. "
I have two minor remands that should not be holding up the granted 100% TDIU and SMC (s).
It's one of those things that might be done this evening, or next week, or next month, or next year, whenever the VA gets it done. It's EXPEDITIOUS! LOL I'm waiting to hear from the VAMC Billing Office now, that's who the Dental office said to call.
It is just somewhat painful now, but I think it is going to get worse before it gets better.

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I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.

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CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

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My appeal was granted and closed on November 9. I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great! My question is this: How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great. Thank you all! Hope you have a Merry Christmas!